Same situation as you for derivative EAD. A P was approved on 2/18, two days after primary EAD/AP approval. No update so far on the EAD, but hoping its not an issue since its a combo cardOriginally Posted by gc5000
Same situation as you for derivative EAD. A P was approved on 2/18, two days after primary EAD/AP approval. No update so far on the EAD, but hoping its not an issue since its a combo card
PD - 3/15/2008 EB2 I TSC l RD - 1/6/2012 l ND - 1/10/2012
CPO - Awaited
As per Kanmani , you will be in trouble if your spouse "opens" your green card packet!!!!!!!!!
I completely agree with your lawyer on this, once your green card is approved, highly improbable that you will be denied entry either with or without card,,,,,
The truth is, Immigration Officer has the right to deny entry into the U.S. for various reasons unless otherwise you are the citizen of USA.
Another interesting truth is the next counter immigration officer can overthrow the earlier denial at his own discretion, but usually that doesn't happen.
Issuance of a visa from the U.S. Department of State or visa waiver nationality/ even permanenet residentship is not a guarantee that the immigration will permit the entry.
Last edited by Kanmani; 02-21-2012 at 09:31 AM.
Kanmani
I am aware the CBP has a lot of power.However it can also deny the Immigrant visa citing the same reasons ( abandonement etc...) . Also there is an huge amount of documentation required for an immigrant visa which can be applied only in Delhi or Mumbai.One will also have to obtain detailed police records.
http://www.travel.state.gov/visa/imm...l#requireddocs
http://www.travel.state.gov/visa/imm...info_3195.html
Trackitt has many successfull cases of people entering with AP after I-485 has been approved or spouse hand carrying the GC back to them.
http://www.trackitt.com/uk-discussio...ile-outside-us
Murthy explains this.
http://www.murthy.com/news/n_intrvl.html
"If a person has an advance parole (AP) approved prior to departure, this document can be used when boarding a flight back to the United States. Upon arrival at the POE, the AP can be presented, but if the I-485 applicant is aware that his/her approval was issued during the travel abroad, the CBP officer should be informed of this change. "
The CBP officer will then look in the system and update the same in the passport.
"Before you criticize a man, walk a mile in his shoes"
gcseeker
I am not emphasising that immigrant visa is the only option to enter after I-485 approval. But with immigrant visa is stamped, we can travel with comfort. You dont need police clearance/ medical clearance in this case. Just the approval notice of I-485 should be worth.
I know many of us are not aware of the fact that there is an option like Immigrant visa . Immigrant visa is official thats all is wanted to tell.
I am not a lawyer , so I may be wrong in my views . I am just summarizing whatever i learn from the internet.
As per my knowledge from trackitt, I remember some people came back on AP after approval of GC ( Not sure if they were lucky), what happens if one's green card is approved after they boarded flight?? will they be denied because of that travel?? Purpose of AP is to travel safely, if they have all these bs rules, CBP/USCIS should consider above mentioned scenario.
Any one who is travelling should consult very good attorney before making travel plan (or) before boarding return plane.
As suggested by kanmani getting stamping should not be a problem as GC is already approved and probably better way.
PD: March'11 2008
RD: Dec'07 2011
ND: Dec'12 2011
FPRD: Dec'28 2011
EAD/AP: Did not received EAD( might not receive it, as 485 is approved)
I485 CPO: Feb'26 2012
I485 Decision: Feb'28 2012
Kanmani , you are correct in your representation of the process. The immigrant visa concept is similar to Canadian Permanent residency which will require you to first have the immigrant visa in the passport to enter the country . However, while the process does get thrown off when there is 485 approval on transit in to the USA. Here there is a clear collision of the immigration procedures. Either way if one does get 485 approval while being away on an approved EAD with AP , it should be good enough to enter POE with out a hassle. Coming to the point of not being allowed entry at POE , the US constitution grants the IO discretionary powers to deny/delay the case based on credible circumstantial evidence/or potential violation concerning national security. Typically good keeping professionals with GC do not have any issues. Infact one time when I was travelling in to country , the IO literally grilled me over my extended vacation for 2 months questioning the credibility of my employment for such extended periods of absence from employer, however toward the end he was nice enough to tell me that they on a daily basis track lot of fraud with immigration docs and lot of people even mis-representing their identity which is why based on certain circumstantial situation they are forced to take certain stances. Just thought I wd broaden this talking point with all due respect my friend.
Last edited by Eb2_Dec07; 02-21-2012 at 10:45 AM. Reason: typo error
Q, Teddy, Spec, Nishant or others please give your feed back.
Me and wife got our EAD/AP approval emails on 02/04, we both got our approval letters( physical approval mails) on 02/11. While wife got her physical EAD on 02/09, I still did not received my physical card, status shows post decision activity but not moving to card production( even though I got couple of emails on 02/04 that they ordered for my card production). Is it normal? did any one of you experienced this kind of scenario?
Previously Soggadu said that it might happen, but when I see some trackitt scenarios, many of them did not get their physical approval notices but mine is the case were I received approval notice.
PD: March'11 2008
RD: Dec'07 2011
ND: Dec'12 2011
FPRD: Dec'28 2011
EAD/AP: Did not received EAD( might not receive it, as 485 is approved)
I485 CPO: Feb'26 2012
I485 Decision: Feb'28 2012
Grnwtg,
It is not uncommon for the status changes to move back and forth, after the approvals. I think there is some bug in their system. As long as you got an approval email once, you should get your approval notice and card soon and you are good. In your case, it has been a while since you got your approval email. You can now probably call and talk to their representative.
http://www.murthy.com/news/n_intrvl.html
Infact , the above link has all information required.
After I-485 is approved,
->non-immigrant status is invalid.
->AP is not required to be admitted as PR
->AP is required atleast to board the plane
Below is from Murthy
CBP Procedures for Permanent Residents
If one is a permanent resident (green card holder), but does not have proper proof of that status, the CBP officer has several options. The CBP officer could waive the documentary requirements and allow the individual to enter as a permanent resident. Alternatively, the CBP could allow entry into the U.S. physically on a grant of parole, for purposes of a deferred inspection. This does not require possession of an AP,as it is a parole that is granted at the discretion of the CBP at the POE.
This deferred inspection means that one must return to the CBP at a later time to complete the green card processing. This procedure is appropriate for an individual who will be able to show the CBP the green card soon after reentering the United States, because it simply needs to be retrieved from home or another location. This might also be appropriate for one whose I-485 was approved during travel, as the physical green card generally is issued within a couple of weeks after approval.
We at the Murthy Law Firm have seen instances in which CBP officers simply allow such entry on AP or in H or L status for individuals who obtain the I-485 approval while traveling abroad. This does not alter the fact that the foreign national has been approved as a permanent resident. S/he should receive the green card in the mail following the I-485 approval, and should use that document for future work and return travel into the United States, otherwise complying with all requirements applicable to U.S. permanent residents.
Kanmani
I just did not want others to think travelling on AP will be a huge problem after I-485 approval.I was told the same by my lawyer and just wanted to share it.Thanks for also digging into the murthy link.It does show the CBP officer has multiple options with or without AP. With AP one should not have much hassle in being admitted back into the US.
The immigrant visa might be an better option for one who desires that additional mental peace.Also on that related note ,if you could post the link for required documentation for an Immigrant visa might be helpful to others. Since all the links I have seen require detailed documentation ( All the links seem to have common documentation for CP cases and Immigrant visa ) .
Last edited by gcseeker; 02-21-2012 at 11:16 AM.
"Before you criticize a man, walk a mile in his shoes"
gcseeker, I am not against your point. I agree with you that CBP allows entry with AP. But as per Murthy , CBP is allowing us not with the AP document in our hand instead they are allowing us with their own decision seeing the GC approval in their computer.
Friends please take your own decision in this regard.
Kanmani I do understand you want people to be cautious and I do not differ much as well.However from the same murthy link
Below is from Murthy
CBP Procedures for Permanent Residents
If one is a permanent resident (green card holder), but does not have proper proof of that status, the CBP officer has several options.
Which is why the Lawyer had suggested hand carrying the GC by the spouse which will constitute proper proof of status and there will be zero hassle at the POE.
With AP too it should be fine...Without AP discretion of CBP if they can pull it up on the computer.
Can things go wrong ? As with anything there will be some risk ,be it immigrant visa/AP in hand travel/Gc hand carried to India travel.
Anywaz like you said,let each one decide on his own the amount of risk one is willing to take.
"Before you criticize a man, walk a mile in his shoes"
Thanks mysati, status changing back and forth is fine but mine is stuck at post decision and never got email that usps has picked my card. Probably I need to give a call, but on approval email and approval letter they asked to wait for 30 days to receive card.
BTW, mysati did you received your EAD/485? yet
PD: March'11 2008
RD: Dec'07 2011
ND: Dec'12 2011
FPRD: Dec'28 2011
EAD/AP: Did not received EAD( might not receive it, as 485 is approved)
I485 CPO: Feb'26 2012
I485 Decision: Feb'28 2012
Hi gc5000,
Sorry for the delay with long weekend I was out. Anyways I am from virginia and I got my biometrics done on the scheduled day (no walk-ins). Immediately after FP, I guess they approved my I765 and I131. I am yet to receive the actual notice/card but as soon as I do I will update everyone. All the info I have is from the USCIS website. Hopefully the website isn't wrong because the lawyer also did not hear anything yet(Do not know if they do).
Feb filers, anybody able to check their status online yet?
Anybody received the FP related notice?
pdfeb09 - Yes, the system recognized all my receipt notices - they are all in either "Acceptance" or "Initial Review" state. I have not received the FP notices yet.
NSC||PD:04-06-2009||RD:02-07-2012||ND:02-10-2012||NRD:02-16-2012||FP Date:04-20-2012||FP Complete:04-20-2012||EAD/AP:04-16-2012||I485:??||GC In Hand:??
Even my receipts (filed in 2nd week of Feb) are active on USCIS dashboard now.
485 is in Acceptance
AP and EAD are in Initial review
NSC | PD: 01/09/2009 | RD: 02/13/2012| ND: 02/15/2012 | FPND: 03/22 | FPD: 04/10 | EAD/AP: 4/10 | RFE: 4/26 | GC: ?
Tough Times Never Last But Tough People Do!
Received my FP notice last saturday but cannot check my status online yet!!
PD EB2I: April-2008
Packet Sent to TSC: 1/31/2011
RD 2/1/2012
ND 2/3/2012
NRD 2/10/2012
FP Notice 2/14/2012
FPNRD 2/18/2012
FP date 3/13/2012
Wow .. the system does not recognize any of my receipts .. we are pretty close on the RD and ND. Don't know what it depends upon .. may be some officers did not bother to update the online systems in some cases.
Just realized, you are with NSC .. that probably makes some difference ..
That's great .. your RD and ND is about a week after mine.. Keep posting the updates .. that will give me and Makmohan an idea about when to expect movement ..your PD is before mine.. so you will probably get updates sooner..
Just realized, you are with NSC .. that probably makes some difference ..
makmohan, your case gives me hope ..
mak, we are both TSC filers .. that may have something to do with it..
Good luck All ..
Last edited by pdfeb09; 02-21-2012 at 12:44 PM.
I believe TSC folks are having problem with online tracking but are receiving FP notices early. NSC folks are not having problems with online tracking but the FP notices from there are late. Feb people have not reached EAD stage yet, but based on Jan filers experience, TSC used to be *really* slow in EAD/AP issuance, but they have now caught up to NSC and might even have exceeded them in EAD processing times.
These google docs (from trackitt) are good places to follow these trends:
Feb Filers: https://docs.google.com/spreadsheet/...Xc&pli=1#gid=0
Jan NSC Filers: https://docs.google.com/spreadsheet/...lE&pli=1#gid=0
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Makmohan,
I am in the same boat. See dates in my signature. I did checkw ith my attorney and seems like this is fine and as per him this has been acknowledged by USCIS. He did say it would take 2-3 weeks after receipt before I can check the status onlibe.
Thanks
TSC | PD - 1 May 09 | RD - 1 Feb 12 | ND - 6 Feb 12 | FP Date - 13 Mar | EAD/AP CPO - 3 Mar | 485 - Waiting
Was anyone able to go for a Walk In to Elizabeth ASC for fingerprinting? I got my FP notice and was wondering if it is better to call them in advance to check if I can come early or should I just walk in sometime this week? Anyone?
TSC | PD - 1 May 09 | RD - 1 Feb 12 | ND - 6 Feb 12 | FP Date - 13 Mar | EAD/AP CPO - 3 Mar | 485 - Waiting
I am not able to check status online. It always says "Your case not found.."
PD:4/10/09|ND:2/7/2012
Me too.
Unable to check status online yet.
TSC - RD:2/8/2012 - ND : 2/10/2012.
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